Theft & Fraud Lawyer in Victoria

Section 322 of the Canadian Criminal Code defines the offence of theft.

There are various types of fraud and theft. For some offences, the value of the property allegedly involved has a bearing on the possible punishment for those convicted.

Proof of breach of trust is usually an aggravating factor if there is a conviction for theft.

Section 343 of the Canadian Criminal Code defines the offence of robbery.

In Canada, robbery is considered a more serious type of theft because it involves the use or threat of violence.

Generally, for there to be a conviction for any type of theft, the prosecution must prove some form of dishonesty by admissible evidence.

For example, for there to be a conviction for the theft of something from a store, it would be necessary to prove that the accused person took something intentionally as opposed to innocently forgetting to pay for an item. This might occur by either direct or circumstantial evidence.

If, for example, there was evidence that an accused person looked around furtively, hid an item in their jacket and then ran out of the store with it, that would be compelling evidence that they intended to steal the item.

On the other hand, if someone had their arms full of goods, put something in their pocket and then attended the checkout and paid for everything except what was in their pocket, there might be a doubt about whether they intended to steal the item in their pocket or if they simply forgot that it was there. Evidence concerning things such as the person’s reaction when confronted or conducted before putting the item in their pocket could be relevant to determining the person’s intention.

If you’re looking for a criminal lawyer in Victoria to help with a theft or fraud charge, contact Mulligan Defence Lawyers today: